Embed Code

Published Cases Concerning Delinquencies PowerPoint PPT Presentation

Published Cases Concerning Delinquencies. Competency. In re John Z. (2014) 223 Cal.App.4 th 1046: The court must hold a competency hearing once a doubt has been declared.

Copyright Complaint Adult Content Flag as Inappropriate

Download Presentation

Published Cases Concerning Delinquencies

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

Crimes - Prostitution

Despite new human trafficking laws to protect underage girls who find themselves in prostitution, they can still be made wards of the court for acts of prostitution.

Dispositional hearings - DJF

In re D.B. (2014) 58 Cal.4th 941: The minor committed a DJF qualifying offense and then the court sustained a petition for only non-qualifying offenses. He could not be sent to DJF.

In re Edward C. (2014) 223 Cal.App.4th813,

In re K.J. (2014) 224 Cal.App.4th 1194:

The minor could be committed to DJF upon a VOP, though it was not a DJF offense when the crime was committed.

Disposition - Probation

In re Gary F. (2014) 226 Cal.App.4th 1076:

The minor could not be ordered to pay attorney fees.

People v. Ebertowski(Aug. 13, 2014, H039865):

The court can order the minor provide all passwords to his cell phones, computers, and Internet sites.

Disposition - Probation

On review: Can a probationer be barred from any parking lot of a chain store after a shoplifting? (People v. Moran [nonpub. opn.], review granted Mar. 24, 2014, S215914.)

Can the court require the probationer to participate in polygraph testing and counseling and waive his right against self-incrimination and to the psychotherapist-patient privilege? (People v. Garcia(2014) 224 Cal.App.4th1283, review granted July 16, 2014, S218197, et al.)

Disposition - Restitution

Luis M. v. Superior Court (2014) 5 Cal.4th 300: Victim restitution for graffiti clean-up cannot be based on the average cost to the city of all graffiti incidents.

Fitness/Jurisdiction

In re V.C. (2013) 217 Cal.App.4th 814: WI § 603.5 (traffic infractions shall not be handled by the juvenile court) does not apply when the minor was originally charged with a misdemeanor.

On review: May there be direct filing in adult court under section 707(d) when criminal proceedings are commenced with an indictment, not a complaint? (People v. Arroyo (2014) 225 Cal.App.4th 1378, review granted July 23, 2014, S219178.)

Informal Supervision

In re K.C. (2013) 220 Cal.App.4th 465:

Although WI § 654 does not permit converting victim restitution into a civil judgment after completing informal supervision, the minor has no remedy if there is no objection in the juvenile court.

Interrogations

United States v. I.M.M. (9th Cir. 2014) 747 F.3d 754 [reading the Miranda rights to the minor's mother with the minor present was insufficient].

Interrogations

On review: Does asking a defendant about gang affiliations at the jail require a Miranda warning or is it properly part of the booking questions? (People v. Elizalde (2013) 222 Cal.App.4th 351, review granted Apr. 9, 2014, S215260.)

Jurisdictional Hearings

In re Ricardo C. (2013) 220 Cal.App.4th688: If the minor admits the petition with an agreed upon disposition, the court cannot order a less restrictive disposition.

Punishment as Adults

People v. Gutierrez (2014) 58 Cal.4th 1354: There is no presumption of LWOP when a minor is convicted of murder with special circumstances, and resentencing shall occur where the courts believed otherwise.